38272 Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Notices 

11See CBP’s EAPA 75009 Letter at 4. 

12See the Administrative Protective Orders, dated 

May 12, 2021. 

1See Fresh Garlic from the People’s Republic of 

China: Preliminary Results, Preliminary Rescission, 

and Final Rescission, In Part, of the 25th 

Antidumping Duty Administrative Review; 2018– 

2019, 86 FR 15903 (March 25, 2021) (Preliminary 

Results), and accompanying Preliminary Decision 

Memorandum (PDM). 

2The companies are: (1) China Jiangsu 

International Economic Technical Cooperation 

Corporation; (2) Hebei Holy Flame International; (3) 

Jinxiang Qingtian Garlic Industries; (4) Qingdao 

Ritai Food Co., Ltd.; and (5) Yingxin (Wuqiang) 

International Trade. 

3The individual members of the FGPA are: 

Christopher Ranch L.L.C.; The Garlic Company; and 

Valley Garlic. 

4See FGPA’s Letter, ‘‘25th Administrative Review 

of the Antidumping Duty Order on Fresh Garlic 

from the People’s Republic of China—Petitioners’ 

Letter in Lieu of Case Brief,’’ dated April 26, 2021. 

5See Preliminary Results PDM at 9. 

6See Fresh Garlic from the People’s Republic of 

China: Final Results and Partial Rescission, of the 

24th Antidumping Duty Administrative Review; 

by CBP in the covered merchandise 

referral referenced above (Accuride, 

Maxion, and Vanguard) 11 are not 

required to submit a letter of 

appearance, and will be added to the 

public service list for these scope 

inquires by Commerce. 

Commerce placed an APO on the 

existing records of the scope inquiries 

on May 12, 2021,12 and established the 

APO service lists for use in these 

segments. Commerce intends to place 

the covered merchandise referral letter 

on the records of these scope inquiries 

in ACCESS within five days of 

publication of this notice. 

Interested parties must submit 

applications for disclosure under the 

APO in accordance with the procedures 

outlined in Commerce’s regulations at 

19 CFR 351.305. Those procedures 

apply to these segments of the AD and 

CVD proceedings, with one exception: 

APO applicants representing the parties 

that have been identified by CBP as an 

importer in the covered merchandise 

referral (referenced above) are exempt 

from the additional filing requirements 

for importers pursuant to 19 CFR 

351.305(d). 

Dated: July 14, 2021. 

James Maeder, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2021–15415 Filed 7–19–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–831] 

Fresh Garlic From the People’s 

Republic of China: Final Results and 

Final Rescission, in Part, of the 25th 

Antidumping Duty Administrative 

Review; 2018–2019 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) published the preliminary 

results of the 25th administrative review 

of the antidumping duty order on fresh 

garlic from the People’s Republic of 

China (China) on March 25, 2021. 

Commerce determines that mandatory 

respondent, Shijiazhuang Goodman 

Trading Co., Ltd. (Goodman) failed to 

establish its eligibility for a separate rate 

and is part of the China-wide entity. We 

also find that the review request made 

by The Roots Farm Inc. (Roots Farm) 

was not valid and, accordingly, we have 

rescinded the review with respect to the 

other mandatory respondent, 

Zhengzhou Harmoni Spice Co., Ltd. 

(Harmoni). 

DATES: Applicable July 20, 2021. 

FOR FURTHER INFORMATION CONTACT: Leo 

Ayala, AD/CVD Operations, Office VII, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–3945. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 25, 2021, Commerce 

published the preliminary results of the 

25th administrative review of fresh 

garlic from China.1 We preliminarily 

found that the mandatory respondent 

Goodman was part of the China-wide 

entity. We rescinded the review with 

respect to five companies for which 

their sole requests for review had been 

timely withdrawn.2 Furthermore, we 

preliminarily determined that the 

review request submitted by Roots Farm 

was invalid and preliminarily rescinded 

the review with respect to Harmoni. 

Additionally, we found that two 

companies, Shandong Happy Foods Co., 

Ltd. and Jining Alpha Food Co., Ltd., 

qualified for separate rate status. 

On April 26, 2021, the Fresh Garlic 

Producers Association (FGPA) and its 

individual members 3 submitted 

comments on the Preliminary Results.4

No other party submitted comments. 

The deadline for the final results is July 

23, 2021. 

Scope of the Order 

The products subject to the order are 

all grades of garlic, whole or separated 

into constituent cloves, whether or not 

peeled, fresh, chilled, frozen, 

provisionally preserved, or packed in 

water or other neutral substance, but not 

prepared or preserved by the addition of 

other ingredients or heat processing. 

The differences between grades are 

based on color, size, sheathing, and 

level of decay. The scope of the order 

does not include the following: (a) 

Garlic that has been mechanically 

harvested and that is primarily, but not 

exclusively, destined for non-fresh use; 

or (b) garlic that has been specially 

prepared and cultivated prior to 

planting and then harvested and 

otherwise prepared for use as seed. The 

subject merchandise is used principally 

as a food product and for seasoning. The 

subject garlic is currently classifiable 

under subheadings: 0703.20.0000, 

0703.20.0005, 0703.20.0010, 

0703.20.0015, 0703.20.0020, 

0703.20.0090, 0710.80.7060, 

0710.80.9750, 0711.90.6000, 

0711.90.6500, 2005.90.9500, 

2005.90.9700, and 2005.99.9700, of the 

Harmonized Tariff Schedule of the 

United States (HTSUS). 

Although the HTSUS subheadings are 

provided for convenience and customs 

purposes, our written description of the 

scope of the order is dispositive. In 

order to be excluded from the order, 

garlic entered under the HTSUS 

subheadings listed above that is (1) 

mechanically harvested and primarily, 

but not exclusively, destined for nonfresh use or (2) specially prepared and 

cultivated prior to planting and then 

harvested and otherwise prepared for 

use as seed must be accompanied by 

declarations to U.S. Customs and Border 

Protection (CBP) to that effect. 

Partial Rescission of Administrative 

Review 

Commerce has determined that the 

review request from Roots Farm was 

invalid ab initio, and is rescinding the 

administrative review with respect to 

mandatory respondent, Harmoni. 

Analysis of Comments Received 

The FGPA was the only party to file 

comments on the Preliminary Results. 

The FGPA noted that the preliminary 

rate applied to Shandong Happy Foods 

Co., Ltd and Jining Alpha Food Co., Ltd 

should be $4.37 per kilogram (kg) rather 

than the rate of $4.34 per kg stated in 

the Preliminary Results. Commerce 

stated in the Preliminary Results that 

the margin assigned to the separate rate 

recipients would be the ‘‘rate for the 

separate rate companies in the previous 

administrative review of this order.’’ 5

The separate rate in the previous 

administrative review was $4.37 per 

kg.6 Therefore, we have made the 


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Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Notices 38273 

2017–2018, 85 FR 71049, 71050–51 (November 6, 

2020) (Garlic from China 2017–2018). 

7See Memorandum, ‘‘2018–19 Antidumping Duty 

Administrative Review of Fresh Garlic from the 

People’s Republic of China: Selection of 

Respondents for Individual Examination,’’ dated 

February 20, 2020. 

8See Garlic from China 2017–2018. 

9The companies that are part of the China-wide 

entity in this review include Shijiazhuang 

Goodman Trading Co., Ltd.; Qingdao Maycarrier 

Import & Export Co., Ltd.; and Weifang Hongqiao 

International Logistics Co., Ltd. 

10For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: 

Assessment of Antidumping Duties, 76 FR 65694 

(October 24, 2011). 

change proposed by FGPA for these 

final results. See Final Results of 

Administrative Review section. 

Determination of Separate Rates for 

Non-Selected Companies 

In the Preliminary Results, in 

accordance with section 777A(c)(2)(B) 

of Tariff Act of 1930, as amended (the 

Act), Commerce employed a limited 

examination methodology, as we 

determined that it would not be 

practicable to examine individually all 

companies for which a review request 

was made.7 There were two exporters of 

subject merchandise from China that 

have demonstrated their eligibility for a 

separate rate but were not selected for 

individual examination in this review. 

These two exporters are listed in the 

Final Results of Administrative Review 

section of this notice. 

Neither the Act nor Commerce’s 

regulations address the establishment of 

the rate applied to individual 

companies not selected for examination 

where Commerce limited its 

examination in an administrative review 

pursuant to section 777A(c)(2) of the 

Act. Commerce’s practice in cases 

involving limited selection based on 

exporters accounting for the largest 

volume of imports has been to look to 

section 735(c)(5) of the Act for guidance, 

which provides instructions for 

calculating the all-others rate in an 

investigation. Section 735(c)(5)(A) of the 

Act instructs Commerce to use rates 

established for individually investigated 

producers and exporters, excluding any 

rates that are zero, de minimis, or based 

entirely on facts available in 

investigations. 

In this administrative review, 

Goodman, the only individually 

reviewed respondent, did not receive a 

weighted-average dumping margin. 

Therefore, for these final results, 

Commerce has determined to assign the 

separate-rate from the prior review,8

which was Goodman’s calculated rate, 

to the non-selected separate-rate 

companies. 

Final Results of Administrative Review 

Commerce determines that the 

following weighted-average dumping 

margins exist for the administrative 

review covering the period November 1, 

2018, through October 31, 2019: 

Exporter 

Weightedaverage 

margin 

(dollars 

per kg) 

Shandong Happy Foods Co., 

Ltd ..................................... 4.37 

Jining Alpha Food Co., Ltd ... 4.37 

China-Wide Rate 9 ................ 4.71 

Assessment Rates 

Pursuant to section 751(a)(2)(A) of the 

Act, and 19 CFR 351.212(b), Commerce 

has determined, and CBP shall assess 

antidumping duties on all appropriate 

entries of subject merchandise in 

accordance with the final results of this 

review. Commerce intends to direct CBP 

to assess rates based on the per-unit (i.e., 

per kg) amount on each entry of the 

subject merchandise during the POR. 

Commerce also intends to issue 

assessment instructions no earlier than 

35 days after the publication date of the 

final results of this review in the 

Federal Register. If a timely summons is 

filed at the U.S. Court of International 

Trade, the assessment instructions will 

direct CBP not to liquidate relevant 

entries until the time for parties to file 

a request for a statutory injunction has 

expired (i.e., within 90 days of 

publication). 

Pursuant to Commerce’s assessment 

practice in non-market economy cases, 

for merchandise entered under 

Goodman’s case number (i.e., at its 

individually-examined exporter’s cash 

deposit rate), Commerce intends to 

instruct CBP to liquidate such entries at 

the China-wide rate.10

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the final results of this 

administrative review for shipments of 

the subject merchandise from China 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date of this notice in the 

Federal Register, as provided by 

sections 751(a)(2) of the Act: (1) For the 

companies listed above, the cash 

deposit rate will be the rate established 

in these final results of review; (2) for 

previously investigated or reviewed 

Chinese and non-Chinese exporters not 

listed above that have separate rates, the 

cash deposit rate will continue to be the 

exporter-specific rate published for the 

most recent period; (3) for all Chinese 

exporters of subject merchandise which 

have not been found to be entitled to a 

separate rate, the cash deposit rate will 

be the China-wide rate of 4.71 U.S. 

dollars per kg; and (4) for all nonChinese exporters of subject 

merchandise which have not received 

their own rate, the cash deposit rate will 

be the rate applicable to the Chinese 

exporter that supplied that non-Chinese 

exporter. These requirements, when 

imposed, shall remain in effect until 

further notice. 

Notification to Importers 

This notice serves as a reminder to 

importers of their responsibility under 

19 CFR 351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during this period 

of review. Failure to comply with this 

requirement could result in Commerce’s 

presumption that reimbursement of 

antidumping duties occurred and the 

subsequent assessment of double 

antidumping duties. 

Administrative Protective Order 

This notice serves as the only 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

return or destruction of proprietary 

information disclosed under APO in 

accordance with 19 CFR 351.305. 

Timely written notification of return or 

destruction of APO materials, or 

conversion to judicial protective order, 

is hereby requested. Failure to comply 

with the regulations and the terms of an 

APO is a sanctionable violation. 

Notification to Interested Parties 

We are issuing and publishing these 

final results of administrative review in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Act, and 19 CFR 

351.221(b)(5). 

Dated: July 13, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2021–15413 Filed 7–19–21; 8:45 am] 

BILLING CODE 3510–DS–P 


khammond on DSKJM1Z7X2PROD with NOTICES